TITLE 31
Motor and Other vehicles
CHAPTER 31-11
Suspension or Revocation of Licenses Violations
SECTION 31-11-18.1
§ 31-11-18.1 Driving after denial,
revocation, or suspension for certain violations.
(a) Any person who drives a motor vehicle on any highway of this state who
never applied for a license or who drives after his or her application for a
license has been refused, or after his or her license has expired or who
otherwise drives without a license or at a time when his or her license to
operate is suspended, revoked, or cancelled, for: (1) operating under the
influence of a narcotic drug or intoxicating liquor; (2) refusing to submit to
a chemical test; reckless driving; (3) manslaughter from the operation of a
motor vehicle or operating so as to endanger resulting in death; or (4) three
(3) moving violations within a one-year period; shall be guilty of a
misdemeanor for the first and second offenses and shall be deemed guilty of a
felony for the third or subsequent offenses.
(b) The division of motor vehicles upon receiving a record of
the conviction of any person upon a charge of driving a motor vehicle while the
license of the person was suspended, for reasons set forth in this section
shall suspend the person's license or deny the person's application for any
length of time that it shall deem proper but in no case less than an additional
three (3) months. Upon receiving a record of conviction of a second violation
of driving a motor vehicle while the license of that person was suspended for
reasons set forth in this section, the division of motor vehicles shall suspend
the person's license or deny the person's application for any length of time
that it shall deem proper but in no case less than an additional six (6)
months. Any subsequent conviction shall result in license revocation. Upon
receiving a record of the conviction of any person upon a charge of driving
after his or her application for a license had been refused, or after his or
her license had been revoked or cancelled for reasons set forth in this
section, the division of motor vehicles shall not issue a new license for an
additional period of one year from and after the date the person would
otherwise have been entitled to apply for a new license.
(c)(1) Upon a first conviction under this section a mandatory
fine of five hundred dollars ($500) shall be imposed, and if the person was
driving after his or her application for a license had been refused, or at a
time when his or her license to operate was suspended, revoked, or cancelled
for operating under the influence of a controlled substance or intoxicating
liquor, or his or her refusal to submit to a chemical test, reckless driving,
manslaughter from the operation of a motor vehicle, or operation so as to
endanger, death resulting, the person shall be imprisoned for a minimum of ten
(10) days.
(2) A mandatory fine of five hundred dollars ($500) for a
second conviction under this section within a five (5) year period shall be
imposed, and if the person was driving after his or her application for a
license had been refused, or at a time when his or her license to operate was
suspended, revoked, or cancelled for operating under the influence of a
controlled substance or intoxicating liquor or his or her refusal to submit to
a chemical test, reckless driving, manslaughter from the operation of a motor
vehicle, or operation so as to endanger, death resulting, the person shall be
imprisoned for a minimum of six (6) months to one year.
(3) For any subsequent conviction within a five (5) year
period, a fine of one thousand dollars ($1,000) shall be imposed and the person
may be imprisoned for up to one year or be required to participate in a public
service program designated and approved by the court. If the person was driving
after his or her application for a license had been refused or at a time when
his or her license to operate was suspended, revoked, or cancelled for: (i)
operating under the influence of a controlled substance or intoxicating liquor;
(ii) his or her refusal to submit to a chemical test; (iii) reckless driving;
(iv) manslaughter from the operation of a motor vehicle; or (v) operating so as
to endanger, death resulting; the person shall be imprisoned for a minimum of
one year. Jurisdiction for violations of this section is given to the district
court and the court shall have full authority to impose any sentence authorized
for violations of this section.
(d) No fines, suspensions, treatment, or jail provided for
under this section can be suspended.
History of Section.
(P.L. 1980, ch. 323, § 2; P.L. 1982, ch. 178, § 1; P.L. 1983, ch.
229, § 4; P.L. 2005, ch. 379, § 1; P.L. 2010, ch. 102, § 2; P.L.
2010, ch. 318, § 2.)
